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Apr 20, 2013
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so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst, peter bergen, joining us. peter has written extensively on al qaeda and osama bin laden. peter, i appreciate you joining us. what are the questions that you are most interested in learning about these two, in particular about motivation and their operational capability? >> well, first of all, anderson, i think it's very interesting that they were able to detonate two bombs almost simultaneously. i think that's pretty hard. it suggests either practice in the united states or training elsewhere or perhaps both. we've had terrorists who have gone overseas who have tried to d
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst,...
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Apr 22, 2013
04/13
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he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were deemed enemy combatants. pl hosea padilla for one but in the case of him they have not found any link to an al qaeda linked group and therefore no court in the u.s. would necessarily rily uphold the president as r in commander-in-chief in designating him as enetinue ould combatant. this would be shaky i am told by experts.lleged even if he is deemed an enetinu he watant he has a right to an attornaney he doesn't have to tt if he dorcsnk means are limited means interrogators have at their disposal to make him do so. >> the 4cmhour t
he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were...
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Apr 20, 2013
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people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among othe
people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to...
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Apr 20, 2013
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so whether or not you read miranda to this man when he wakes up, we know that medically he's unable to talk right now, he still knows he has a right to remain silent. so i'm not sure the enemy combatant label is going to sick. >> enemy combatant, that status is a bad idea. allen dur sho witch told piers morgan that there is no way a person in boston could be tried as an enemy dock bat tant. that's ignorance of the law. who is right here. >> it's too early to tell, but he is the guru. what he's pointing out is you do not want to mess this up. you don't want to get a confession or information without ma ran diezing him if in fact you cannot later label him as an enemy combatant then anything he says is subject to be so pressed and not in a court of law. go ahead, give him counsel, he's not going to get bond, ma ran diez him and conduct a thorough investigation so everything staunds up when we get him into a court of law. >> okay. there is no state death penalty in massachusetts. so the death penalty off the table in. >> no. don, this is an interesting thing. he is be charged by both fede
so whether or not you read miranda to this man when he wakes up, we know that medically he's unable to talk right now, he still knows he has a right to remain silent. so i'm not sure the enemy combatant label is going to sick. >> enemy combatant, that status is a bad idea. allen dur sho witch told piers morgan that there is no way a person in boston could be tried as an enemy dock bat tant. that's ignorance of the law. who is right here. >> it's too early to tell, but he is the...
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Apr 20, 2013
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attorney was asked, was he given the miranda warning. we understand there's a public safety exception. is a new wrinkle in counterterrorism operations. you know, for years law enforcement officers have been told the minute you arrest someone, the first thing do you before you ask them anything is read them their miranda rights. everyone who watched a mystery show can recite them. in this case, amid the controversy of whether they should be enemy combatants and held by the military because they're terrorists or whether they should be handled through the criminal justice system, they have adjusted that slightly to say when you have a terrorist in custody, you skip the miranda warning in the beginning on the public safety exception. you get to any questions that have to do with is there any danger right now? are there explosives devices? hazardous material? some plot you can tell us abouts this still unfolding against another target? when you have gotten through the exigent part of the public safety piece, then you revert back to all right,
attorney was asked, was he given the miranda warning. we understand there's a public safety exception. is a new wrinkle in counterterrorism operations. you know, for years law enforcement officers have been told the minute you arrest someone, the first thing do you before you ask them anything is read them their miranda rights. everyone who watched a mystery show can recite them. in this case, amid the controversy of whether they should be enemy combatants and held by the military because...
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Apr 20, 2013
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doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >> reporter: now, again, i'm not an attorney, but what this source told me is this is the only recognized exception. in this case, seen or taken by the supreme court. >> and dick clark, weigh in on that, please. >> i'm not a lawyer, either, but my understanding is that any information he gives them, prior to getting his miranda rights probably cannot be used against him in a court of law, but it seems to me they've got enough information against him already. >> i was asking you earlier who would go in the room, what kind of people, how they would talk to him. and they will be recording every single thing that ha
doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >>...
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Apr 22, 2013
04/13
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bill: are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly fine. again i don't think it matters under what exception. you can always mirandize this individual, but the important thing is that get the information now. bill: i have not heard a lot of people disagree with that. >> think about the opposite what if they had read him the miranda rights and what if he had clammed up and what if there, god forbid been another attack that we could have seen coming if we had questioned the guy. just think of the conversation if there was a second attack that we could have prevented because we let the guy clam up. bill: this particular decision was broadened two years and and changed by executive order. that is something the president put in action in case you would have an event like this. that you could possibly have active, ongoing terror attacks or threats of terror attacks that could endanger the safety of the public. >> that's why i think he's done the right thing by not giving him the ability to be quiet. we n
bill: are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly fine. again i don't think it matters under what exception. you can always mirandize this individual, but the important thing is that get the information now. bill: i have not heard a lot of people disagree with that. >> think about the opposite what if they had read him the miranda rights and what if he had clammed up and what if there, god forbid been another attack that we...
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Apr 20, 2013
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he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this device. they want to know why these people did this and more importantly, how they went about doing it, any other people of foreign or domestic, they were in contact with and if he starts to talk, that will obviously help the investigation tremendously. >> anderson, you've done a great job today. thank you very much for now. i want to turn to cnn's brian todd in watertown, who shot exclusive video of the boat while the bombing suspect was still inside it. brian, a quite dramatic end game here to what has been an appalling few days for the people of wat
he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this...
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Apr 20, 2013
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the government decided he will not be given the miranda warning. the usual warning on every episode of "law & order." there's a question of public safety and they can question him for 48 hours before having to give him the warning and use that information in court. the justice department says most people even in these circumstances, even facing very serious charges ultimately the death penalty if the government chooses to bring it, they still choose to talk. it's a controversial decision nonetheless. some republicans think anyone who commits an act of terrorism even on american soil, even if they're american citizens as he is, should be brought before a military tribunal and treated as enemy combatant. >> it's a political hot potato. a lot of administration officials point out the so-called underwear bomber, umar farouk abdulmutallab continued to talk after being mirandized. thank you to you. >> what are investigators doing now? michael leiter served as the director of the national counterterrorism center under presidents bush and obama. good morni
the government decided he will not be given the miranda warning. the usual warning on every episode of "law & order." there's a question of public safety and they can question him for 48 hours before having to give him the warning and use that information in court. the justice department says most people even in these circumstances, even facing very serious charges ultimately the death penalty if the government chooses to bring it, they still choose to talk. it's a controversial...
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Apr 23, 2013
04/13
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earhart was finally read his miranda rights. john r. san his one word no when asked if he could afford an attorney. he is alert and mentally competent and aware of the circumstances that he is facing. also malicious destruction of property with an explosive device if convicted he could face the death penalty. tamara has communicated by using rioting. he was held up in a boat last friday. gerard 26 year-old brother use of the marathon bombing that killed three people injured over a hundred and 70 people and including carjacking and that engaging in a shootout and kill in the off. kill with police under bridge droll over while flame. the kid rush of when asked if he can afford lived in the united states for 10 years. just last year in is unclear he was doing in rush the court has resulting in death. yet or did he have any contact with others. exploside device resulting >> pam: in death. if convicted.he could face >> catherine: the death penalty. people with investigators.mostly across the city of boston through writing and headhe's in ser
earhart was finally read his miranda rights. john r. san his one word no when asked if he could afford an attorney. he is alert and mentally competent and aware of the circumstances that he is facing. also malicious destruction of property with an explosive device if convicted he could face the death penalty. tamara has communicated by using rioting. he was held up in a boat last friday. gerard 26 year-old brother use of the marathon bombing that killed three people injured over a hundred and...
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Apr 22, 2013
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you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this case. that was for a situation where there was a gun in a public place and the police needed to know where it was. they asked the guy they just caught where's the gun before where was the gun? >>> they asked where is the gun. >> be that as it may you have a public defender in boston who is chomping at the bit to appoint a federal judge to defend the suspect. you could reassign a public defender is he or sheable to come in and say i don't want you talking to my client? >> he or she can say that. it's not going to stop this trying to do is to collect intelligence. i'm sure that if that's what they're trying to do, they will simply continue to do it, and gather only intelligence
you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this case. that was for a situation where there was a gun in a public place and the...
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Apr 20, 2013
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he will not be given a miranda warning, won't be told about the right to remain silent. once he is physically able to answer questions, they will begin to answer questions under new federal procedure. mike isikoff is familiar with this as well, he has reported on its development, the government will invoke something called the public safety rule. it is a court ordered, judge made rule that says when there's an imminent threat to public safety, when you need to answer questions to make sure there's no additional threat, nobody else, no co-conspirator, no outstanding plots, you can ask someone questions without miranda warning and answers are admissible in court. nobody knows how long the rule will last, starts to fade the moment you invoke it, probably 48 hours is the outer limit. the questioning will be done once it begins by something called high value detainee interrogation group. this was set up by the government and it consists of members of the fbi, cia and defense department. they'll do the initial questioning. after that 48 hour or whatever how many hours of publi
he will not be given a miranda warning, won't be told about the right to remain silent. once he is physically able to answer questions, they will begin to answer questions under new federal procedure. mike isikoff is familiar with this as well, he has reported on its development, the government will invoke something called the public safety rule. it is a court ordered, judge made rule that says when there's an imminent threat to public safety, when you need to answer questions to make sure...
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Apr 21, 2013
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mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking more into serial bombers and serial killers is that serial bombers are really idealogues. they don't do it for personal gain or not notoriety. they do it for the ideology. >> the cause. quick question. only 15 second. what are the chances that he talks? it seems that the older brother may have been the one that began on this path. what are the chab chances that y actually get this suspect to talk, assuming he lives? >> he may very well talk. theoreric rudolph didn't talk t, but saddam hussein talked to us eventually. this man may very well talk to us. whe
mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking...
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Apr 22, 2013
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i'm not quite sure that the whole issue of miranda is even relevant at this point given the fact that they have so much evidence it appears based upon the number of photos and images et cetera, et cetera. but judge, what charges might they file against him? and if this case is brought in federal court and it seems that all indications are that it will be brought in federal court, isn't a federal judge bound by, you know, the federal rules of evidence, delay because they may not be able to talk to this defendant for a month or two because he is so drugged from all of the injuries and would a judge be faced with some of the evidencery issues he would with a regular criminal in a criminal trial? >> the evidencery issues will certainly be the same. so far as delay in charging him, motions will be made. i think i can pretty well guarantee you that they will be denied. >> all right. and then you presided over the blind sheik trial and ended up sentencing him to life in prison. when you did so, we all expect as judges that we sentence someone to life that they will spend their life in prison
i'm not quite sure that the whole issue of miranda is even relevant at this point given the fact that they have so much evidence it appears based upon the number of photos and images et cetera, et cetera. but judge, what charges might they file against him? and if this case is brought in federal court and it seems that all indications are that it will be brought in federal court, isn't a federal judge bound by, you know, the federal rules of evidence, delay because they may not be able to talk...
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Apr 22, 2013
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the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. therdo the investigation, to make a clear assessment and move from there. so i really regret all of this discussion. which is creating a conflict that need not be there. the administration is redty foreadyfor this. >> chris: let me bring in congressman king. despite the comments of feinstein do you think dzhokhar tsarnaev should be treated as enemy combatant? >> i think he should be treated as enemy combatant. there are so many questions unanswered and so many potential links to terrorism here. the battlefield was not in the united states so i believe he's enemy combatant. he would not be tried before military commission. he would be tried in civilian court and the statements taken from him cannot be used against him in the trial. right now, one of the only links we have as the chechen involve in the al-qaeda mov movement. are there other conspirators out there? where do they get the radicalization?
the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. therdo the investigation, to make a clear assessment and move from there. so i really regret all of this discussion. which is creating a conflict that need not be there. the administration is redty foreadyfor this. >> chris: let me bring in congressman king. despite the comments of feinstein do you think dzhokhar tsarnaev should be treated as enemy...
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Apr 22, 2013
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. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states,
. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over....
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Apr 21, 2013
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within 10 hours he was read his miranda rights. critics on capitol hill say the intelligence community was unable to fine him for information as to how the empty developed. the underwear bomber eventually convicted and in super max prison in colorado. harris? >> harris: federal authorities tried to sake him alive unlike his brother who published in thy were really trying hard. why is it difficult to get that designation as an enemy combatant? >> well, for one, he's an american citizen. by law he can't be sent to guantanamo bay, can't be tried in a military commission. there are cases where americans were deemed enemy combatants and tried to federal court. jose padilla for one. in the case of dzhokhar tsarnaev authorities have not found a link to an al-qaeda-linked group, and therefore no court in the u.s. would necessarily uphold the president as commander in chief as designating him an enemy combatant. legally this would be shaky, i'm told, by experts. even if the alleged bomber is deemed an enemy combatant, he still has a right t
within 10 hours he was read his miranda rights. critics on capitol hill say the intelligence community was unable to fine him for information as to how the empty developed. the underwear bomber eventually convicted and in super max prison in colorado. harris? >> harris: federal authorities tried to sake him alive unlike his brother who published in thy were really trying hard. why is it difficult to get that designation as an enemy combatant? >> well, for one, he's an american...
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Apr 21, 2013
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the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. there is time to do the investigation, to make a clear assessment and move from there. so i really regret all of this discussion. which is creating a conflict that need not be there. the administration is redty foreadyfor this. >> chris: let me bring in congressman king. despite the comments of feinstein do you think dzhokhar tsarnaev should be treated as enemy combatant? >> i think he should be treated as enemy combatant. there are so many questions unanswered and so many potential links to terrorism here. the battlefield was not in the united states so i believe he's enemy combatant. he would not be tried before military commission. he would be tried in civilian court and the statements taken from him cannot be used against him in the trial. right now, one of the only links we have as the chechen involve in the al-qaeda mov movement. are there other conspirators out there? where do they get the ra
the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. there is time to do the investigation, to make a clear assessment and move from there. so i really regret all of this discussion. which is creating a conflict that need not be there. the administration is redty foreadyfor this. >> chris: let me bring in congressman king. despite the comments of feinstein do you think dzhokhar tsarnaev should be treated as...
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Apr 20, 2013
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he will not be given a miranda warning, he will not be told about his right to remain silent. once he is physically able to answer questions, they will begin to answer questions under a new federal procedure, and mike isikoff who you were talking to is familiar with this, as well because he's reported on its development. the government will invoke something called the public safety rule. it's a court ordered, it's a judge-made rule that says when there is an imminent threat to public safety, when you need to answer questions to make sure there's no additional threat, nobody else, no co-conspirators, no outstanding plots, you can ask someone questions without giving them a miranda warning and all their answers are still add admissible in court. nobody knows how long the rule will last, starts to fade the moment you invoke it, probably 48 hours is the outer limit. the questioning will be done once it begins by something called high value detainee interrogation group. this was set up by the government and it consists of members of the fbi, cia and defense department. they'll do t
he will not be given a miranda warning, he will not be told about his right to remain silent. once he is physically able to answer questions, they will begin to answer questions under a new federal procedure, and mike isikoff who you were talking to is familiar with this, as well because he's reported on its development. the government will invoke something called the public safety rule. it's a court ordered, it's a judge-made rule that says when there is an imminent threat to public safety,...
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Apr 22, 2013
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he was not red his miranda rights. they used a rarely used public safety, but they should not have invoked that because he no longer threatens an attack to society and he should get an attorney as soon as possible before he is interrogated. >> thank you. >>> federal law enforcements are weighing in on the rights and the status of the accused boston bomber, should he be treated as a criminal or enemy combaton with no rights? >> you have the high value interrogation group. they are skilled. they know how to do this. the miranda right can be read at a later time. >> four lawmakers including congressman pete king of new york believe he should be tkes eug nateed as a poe term enemy combaton. a conviction is likely so he is more interested in intelligence the suspect can offer. >>> thousands of runners at the london marathon paid tribute today to pay tribute to those killed and injured. they observed 30 seconds of silence before the start of each group of racers. many wore black ribbons in tribute. they set up a fund for the
he was not red his miranda rights. they used a rarely used public safety, but they should not have invoked that because he no longer threatens an attack to society and he should get an attorney as soon as possible before he is interrogated. >> thank you. >>> federal law enforcements are weighing in on the rights and the status of the accused boston bomber, should he be treated as a criminal or enemy combaton with no rights? >> you have the high value interrogation group....
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supreme court has recognized a limited exception to it's miranda ruling when police or the public are in imminent danger. >>> a new folk hero has emerged out of the terrible weekend. his name is dave hannaberry. he is the guy who found the suspect in his boat in his backyard. the internet is all abuzz to send him a giant thank you gift. here's abc news reporter gio. >> it's the now famous little boat that kept a big secret. the unlikely hideout for america's most wanted man. and this is the boat's owner. david hannaberry, a man now called the hero for finding the suspected marathon are bomber and calling 911. >>water town's chief of police was at the scene. >> what happened when your officers arrived? >> there was a shooting. >> that shooting so damaged the boat. >> his neighbors said, >> he's completely shocked, and he says my poor boat, my poor boat. he's taken care of that boat meticulously since he had it and now it's full of holes. >> now a digital show of support. people from all over the nation are turning to social media sites like facebook raising money to buy him a new boat.
supreme court has recognized a limited exception to it's miranda ruling when police or the public are in imminent danger. >>> a new folk hero has emerged out of the terrible weekend. his name is dave hannaberry. he is the guy who found the suspect in his boat in his backyard. the internet is all abuzz to send him a giant thank you gift. here's abc news reporter gio. >> it's the now famous little boat that kept a big secret. the unlikely hideout for america's most wanted man. and...
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Apr 24, 2013
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miranda or not but it sounds like this was premiranda by the magistrate. eric, thank you. >> all right. >> and more controversy surfacing tonight over tamerlan tsarnaev's 2010 trip to russia. how much did homeland know? here's what january -- janet napolitano said today. >> the system pinged when he was leaving the united states. by the time he returned all investigations -- the matter had been closed. >> but senator lindsey graham said the fbi claimed to know nothing, yes, nothing about the trip and tonight the fbi and homeland security briefing lawmakers. congressman jason chase is on the house homeland security committee. he joins us. nice to see you, sir. >> thanks, greta. >> can you clarify or do you know whether or not he mentioned going out of the united states? there's some confusion over what senator lindsay graham said and what the secretary said. >> i don't know what the secretary means when she said ping. what is clear to me from my past experience, the united states of america has no viable entry-exit system. we aren't able to track people as
miranda or not but it sounds like this was premiranda by the magistrate. eric, thank you. >> all right. >> and more controversy surfacing tonight over tamerlan tsarnaev's 2010 trip to russia. how much did homeland know? here's what january -- janet napolitano said today. >> the system pinged when he was leaving the united states. by the time he returned all investigations -- the matter had been closed. >> but senator lindsey graham said the fbi claimed to know nothing,...
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they waved tsarnaev's miranda rights. they said he could still pose a threat either because there are more bombs planted out there or he's connected to a larger terrorist cell. either way it has some lawmakers concerned. as investigators continue to interrogate their suspect some lawmakers argue he should be treated as an enemy combatant and denied an attorney for the time being. >> we should be allowed her intelligence-gathering purposes. >> investigators say they're still uncertain whether zocor and his brother tamerlan who died in a shoot-out on friday with police have any ties to fore te union issued a statement saying we must not waver from our tried and true justice system even in the most difficult of times. denial of rights is un-american and will only make it harder to obtain fair convictions. some liberal lawmakers agree and said they would be comfortable with tsarnaev being designated as an enemy combatant. >> i don't believe. it would beunconstitutional to >> it carries its own risk especially if that suspect
they waved tsarnaev's miranda rights. they said he could still pose a threat either because there are more bombs planted out there or he's connected to a larger terrorist cell. either way it has some lawmakers concerned. as investigators continue to interrogate their suspect some lawmakers argue he should be treated as an enemy combatant and denied an attorney for the time being. >> we should be allowed her intelligence-gathering purposes. >> investigators say they're still...
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these are only questions that can be obtained if he does not get his miranda rights. even though, there's the public safety exception. that's going to expire in 48 hours, and after that, he can lawyer up and refuse to speak. right now is the only opportunity to go into the treasure trove of information that only he has. >> excuse me, congressman. i do want to get to the intelligence because i know you both have been briefed by the administration this week. senator feinstein, what can you tell us about the plot at this point? was there any foreign involvement, and especially, what do you know, if anything, about the older brother, tamerlan's trip to russia last year? >> we do not know specifics. however, we do know there was very likely a call from russia before he went back to dagistan and chechnya asking about it. i think just conjecture would lead one to believe this may have come from running jihadist sites on his website. anyway, he went home for six months. that's a lapse. we will find out what happened during those six months. i think there is likely going to be
these are only questions that can be obtained if he does not get his miranda rights. even though, there's the public safety exception. that's going to expire in 48 hours, and after that, he can lawyer up and refuse to speak. right now is the only opportunity to go into the treasure trove of information that only he has. >> excuse me, congressman. i do want to get to the intelligence because i know you both have been briefed by the administration this week. senator feinstein, what can you...
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these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax prison in colorado. >> the 48-hour thing is not an absolute fixed time period. oh, by the way, military commissions which have not secured any convictions, really, against anyone since 9/11, there is a right to council and there procedures, too. all of which keep getting tested. don't work. >> enemy combatant has nothing to do with the military commissions. >> dzhokhar tsarnaev could be deemed enemy combatant and still tried in a civilian court, which is what happened the w jose padilla in the past. it's not done often and justice department is in unchartered waters for h
these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax...
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h these questions can be maintained if he does not get his miranda rights. that is going to expire in will 48-hours. >> he says the agency is getting a lot of outside pressure to mir ran dies him. mir ran dieing him may jeopardize what they can use for him in court. they should hold off as long as possible to gter as much information as possible. >>> time now for your 5@5:00. 5 people are dead after a shooting in an apartment complex in seattle including a suspect. police responded to a shooting in federal way when two men were injured in a parking lot. officers moved to assist them. that's when they opened fire. a man and a woman also found dead inside of an apartment. there's no word on what sparked the shooting. >> four more victims have been identified from the deadly fert liedzer plant explosion. among them two brothers doug and robert newcastle both firefighters. >> both brothers were ready to serve neighbors in their time of need. they were the first in the emergency situation. robert and doug were more than just brothers. they were lifelong best frie
h these questions can be maintained if he does not get his miranda rights. that is going to expire in will 48-hours. >> he says the agency is getting a lot of outside pressure to mir ran dies him. mir ran dieing him may jeopardize what they can use for him in court. they should hold off as long as possible to gter as much information as possible. >>> time now for your 5@5:00. 5 people are dead after a shooting in an apartment complex in seattle including a suspect. police...
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the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even months. but i just think it's important to emphasize that the obama administration has absolutely not considered that, has not considered that approach, and every terrorism suspect under either the george w. bush administration or the obama administration who was arrested on american soil has been treated as a criminal defendant in the united states courts. senator graham's proposal would an complete departure from that approach and i don't think there's any indication that's going to happen.that approach a there's any indication that's going to happen. >> and he's a naturalized u.s. citizen. only 19. but last
the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even...
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he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me do it, i am innocent, look at my face, look at my high school record, i really didn't mean it, don't give me the death penalty. i think from what we have heard now, the jihad defense seems like it is off the table. he is prepare
he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist...
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he was given his miranda rights. finally they had been put in place. they're going to question him to use that information to collect intelligence so that they protect the rest of us. >> this case seems like a prime candidate for capital punishment. do you think there will be much debate about whether or not he gets the death penalty? >> i sure hope not. he's a poster boy for if. >> how so? >> he used an explosive device. he killed people, he maimed people, he intended to do more. he rings all the bells. >> what if he gives more information about people overseas who they were in could cahoots with? >> you mean cooperates? >> yeah. is that the thing that helps you avoid the death penalty. >> it's one thing that helps you avoid the death penalty. i hope it doesn't get him anything less than life. >> we see this and it sort of reminded me of the dc sniper case in a way. maybe the younger person who was influenced by his older brother. maybe led astray in some capacity. we may uncover that the brother was really the ring leader here, the one who was drivin
he was given his miranda rights. finally they had been put in place. they're going to question him to use that information to collect intelligence so that they protect the rest of us. >> this case seems like a prime candidate for capital punishment. do you think there will be much debate about whether or not he gets the death penalty? >> i sure hope not. he's a poster boy for if. >> how so? >> he used an explosive device. he killed people, he maimed people, he intended...
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this rule is used to question terrorism suspects without reading them miranda rights. the rule was created to question terrorists about other potential threats. senator carl leven says so far there's no connection between the suspect and terrorist groups. leven said to hold him under these circumstances would be contrary to our laws and jeopardize our effort to prosecute him. during interviews before suspects are read their rights is often not admissible during the trial. the issue on miranda rights is further complicated because the u.s. is a u.s. citizen. many of the rules cannot be used on americans. live in the newsroom, katie utehs. ktvu news. >>> people are in texas are being allowed in their homes. curfew is still in effect and there is limited water and electricity. many are still trying to learn the condition of family and friends hurt in the explosion. >> it's really hectic, but we are patient because we know the extent of damage on the other side. and we got friends and family that we don't know about over there. >> 14 people died in the fertilizer plant exp
this rule is used to question terrorism suspects without reading them miranda rights. the rule was created to question terrorists about other potential threats. senator carl leven says so far there's no connection between the suspect and terrorist groups. leven said to hold him under these circumstances would be contrary to our laws and jeopardize our effort to prosecute him. during interviews before suspects are read their rights is often not admissible during the trial. the issue on miranda...
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officers did not read him his miranda rights. they invoked a rarely used public safety exception. the case started thursday night when his older brother tamerlan died after a firefight with police. then officers spent friday going door to door in watertown looking for johar. pictures from a night vision camera show he was hiding in a boat stored in a backyard. after a second shootout, tsarnaev gave himself up and medics rushed him to the hospital. doctors here at boston's beth israel are treating the suspect for serious injuries. cbs news has learned he is suffering from leg and neck wounds and could have bled to death if he hadn't been found in time. authorities are still in watertown collecting evidence. residents are glad it's all over. >> it's surreal finding yourself in a war zone. >> reporter: a memorial for the victims is growing in downtown boston. 11-year-old catherine left this note. >> i meant it with my heart when i wrote it and i really hope boston gets better. >> reporter: many say they are glad life can get back to normal finally. now, one of the latest statements w
officers did not read him his miranda rights. they invoked a rarely used public safety exception. the case started thursday night when his older brother tamerlan died after a firefight with police. then officers spent friday going door to door in watertown looking for johar. pictures from a night vision camera show he was hiding in a boat stored in a backyard. after a second shootout, tsarnaev gave himself up and medics rushed him to the hospital. doctors here at boston's beth israel are...
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. >> miranda warnings is probably a tem pet pest in a teapot here. the 2013 lexus gs. this is the pursuit of perfection. it's easy to follow the progress you're making toward all your financial goals. a quick glance, and you can see if you're on track. when the conversation turns to knowing where you stand, turn to us. wells fargo advisors. where you stand, turn to us. ♪ beep beep what?a score alert ♪if you set your phone to vibrate ♪ ♪ then it might alert your button flies all the ♪ ♪ girls and the guys wanna keep that credit score ♪ ♪ high like a private jet free-credit-score-dot-com ♪ ♪ don't forget! narrator: offer applies with enrollment in freecreditscore.com [ female announcer ] from meeting customer needs... to meeting patient needs... ♪ wireless is limitless. ♪ from finding the best way... ♪ to finding the best catch... ♪ wireless is limitless. ♪ hwelcome back.. nice to see you again! hey! i almost didn't recognize you without the suit. well, this is my weekend suit. weekend getaways just got better. well, enjoy your round! alrigh
. >> miranda warnings is probably a tem pet pest in a teapot here. the 2013 lexus gs. this is the pursuit of perfection. it's easy to follow the progress you're making toward all your financial goals. a quick glance, and you can see if you're on track. when the conversation turns to knowing where you stand, turn to us. wells fargo advisors. where you stand, turn to us. ♪ beep beep what?a score alert ♪if you set your phone to vibrate ♪ ♪ then it might alert your button flies all...
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we know i think that is all part and parcel of the story, and i think also we would have heard pre-miranda whether or not during the public safety exception if he had provided any information about imminent threat, additional plans, additional co-conspirators. because we haven't heard from any government sources on it, we should conclude there was nothing else in terms of imminent threat. the next step is to get all of the statements from tsarnaev and then corroborate them. to corroborate them through into good intelligence work, through question and answering with russian intelligence, going through the computers, the phone records to see if what tsarnaev has said now in a hospital bed tracks with the other information we're going to be able to uncover. >> roger, how does it track with the fact that these guys were so inadequately supported that here they are doing a carjacking, grabbing a guy, try to get him to go to the atm, because whatever money they've had has been spent on fire power and pressure cookers and they don't have enough money to get out of town. >> so what is also part of
we know i think that is all part and parcel of the story, and i think also we would have heard pre-miranda whether or not during the public safety exception if he had provided any information about imminent threat, additional plans, additional co-conspirators. because we haven't heard from any government sources on it, we should conclude there was nothing else in terms of imminent threat. the next step is to get all of the statements from tsarnaev and then corroborate them. to corroborate them...
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. >> we now know that the suspect has not been given his miranda warnings. and there's a lot of discussion about the legal avenues that might be taken. but, evyenia, as an interroga r interrogator, how much do you care about the legal discussions going on and does that effect how you go about your job? >> yes, the legal aspect is very, very important. that comes from levels above you. so if the law does allow you to not ask those miranda rights, you can proceed. but you cannot make up the rules as you go. if you do not follow the law, if you do deviate from it, the things you do could cost the case ultimately. any confession you could get could be thrown out or dismissed or anything like that. you want to make sure that you do follow the law even though you may feel otherwise, we have to be careful. >> all right. an experienced interrogator, thank you so much for joining us. appreciate it. >> thank you. >> we have some good news for all that flooding out west. we'll tell you what it is, your weather forecast coming up. hey! did you know that honey nut cheeri
. >> we now know that the suspect has not been given his miranda warnings. and there's a lot of discussion about the legal avenues that might be taken. but, evyenia, as an interroga r interrogator, how much do you care about the legal discussions going on and does that effect how you go about your job? >> yes, the legal aspect is very, very important. that comes from levels above you. so if the law does allow you to not ask those miranda rights, you can proceed. but you cannot make...
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let's talk about miranda here and the fact that his rights have not been read to him. what do you make of that? will that be an issue going forward in this particular case? >> you know, it depends. first, i don't know -- we don't know if he's said anything. if he hasn't made any statements at all, the fact that he didn't get his miranda rights read is not going to be an a relevant issue. if he's made statements i think what the government is doing in expanding that public safety exception beyond the immediacy of the act i think is something that will be taken up, and it will have to be looked at maybe by the u.s. supreme court who just last week heard oral argument in the case from houston that was asking the question when does the fifth amendment or when does your right to remain silent gyp, and so we're already looking at these issues. this is an expansion i think that expands the public safety exception. i think some court is going to have to look at that. >> thank you very much. it's been almost a week now since this city was terrorized, and it's seemingly been one
let's talk about miranda here and the fact that his rights have not been read to him. what do you make of that? will that be an issue going forward in this particular case? >> you know, it depends. first, i don't know -- we don't know if he's said anything. if he hasn't made any statements at all, the fact that he didn't get his miranda rights read is not going to be an a relevant issue. if he's made statements i think what the government is doing in expanding that public safety exception...
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. >> dzhokhar was read his miranda rights in a brief bedside session. >> he nodded most of his answers. >> nodded four times to questions but spoke just one word. >> when asked if he could afford a lawyer, he spoke the word no. >> the house today will get a classified briefing. a senate committee will question the fbi. >> the fbi faces questions. >> there are limits on what can be done. >> there are ways in which you could further enable the fbi. >> these are all issues that are going to be developed. >> i want to get a sequester very quickly in here. >> a series of automatic, severe budget cuts. >> across the board sequester cuts. >> what does it mean for the overall debate? >> fbi agents will be furloughed. changes like this affect our ability to respond to threats. >> this is a result of the sequester. >> these cuts are not smart, they are not fair. >> this touches, you know, almost every big issue going on in washington now. >> president obama's early second term domestic agenda. gun control, the budget and reform. president obama is inviting the senators over for dinner tonight. >
. >> dzhokhar was read his miranda rights in a brief bedside session. >> he nodded most of his answers. >> nodded four times to questions but spoke just one word. >> when asked if he could afford a lawyer, he spoke the word no. >> the house today will get a classified briefing. a senate committee will question the fbi. >> the fbi faces questions. >> there are limits on what can be done. >> there are ways in which you could further enable the fbi....
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they've chosen to question him without reading him miranda rights. what does that mean for any information they might be getting? >> well, it's very important to the people -- we've been talking a lot about miranda and i think it's important for people to understand what it does and doesn't mean. if you are questioned without your miranda rights, all that means is that the statements you make cannot be used against you in a criminal court. they can be used against other people. they can be used as leads to other inquiries. and you can still be prosecuted with lots of other evidence. all it means is that those statements cannot be used against you. from what it certainly appears there is lots of other evidence against this fellow. so the fact that the government might be giving up the chance to use some of it is not much of a sacrifice on the part of the government. >> he also at this point could indicate he wants an attorney and doesn't want to answer any questions, correct? >> absolutely. even when someone doesn't get miranda rights, the statements
they've chosen to question him without reading him miranda rights. what does that mean for any information they might be getting? >> well, it's very important to the people -- we've been talking a lot about miranda and i think it's important for people to understand what it does and doesn't mean. if you are questioned without your miranda rights, all that means is that the statements you make cannot be used against you in a criminal court. they can be used against other people. they can...
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tsarnaev was read his miranda rights and nodded yet. the only word he spoke other than that was no when asked if he can afford a lawyer. congress will be briefed today. the complaint says when the first bomb went off every head turned towards the explosion except for tsarnaev. he walks away without his nap sack. tsarnaev told investigators he and his brother acted alone prompted by their religion and learned how to make bombs on the internet. one friend of the brother says they are shocked they are suspects. >> they never showed signs of any violence or wanting to harm people. they were great members of our society. i remember a great friendly giant. he cared for people. more on the reserved side. they respected life at one point and i don't know what happened. >> joining me from boston is michael tracking the new leads and joining the fvgz former white house counter terrorism official, an nbc analyst. it is good to have you here. i think you can hear what the mom is saying and also what friends are saying. i want to start with you beca
tsarnaev was read his miranda rights and nodded yet. the only word he spoke other than that was no when asked if he can afford a lawyer. congress will be briefed today. the complaint says when the first bomb went off every head turned towards the explosion except for tsarnaev. he walks away without his nap sack. tsarnaev told investigators he and his brother acted alone prompted by their religion and learned how to make bombs on the internet. one friend of the brother says they are shocked they...
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it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrogating this guy? >> well, during this period of the public safety exemption,
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say...
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a justice department official says tsarnaev will not be read his miranda rights because the government is invoking a public safety exception. that exception is triggered when police have an objectively reasonable need to protect the police or the public from immediate danger. tsarnaev will be questioned by a special federal interrogation team for high-value suspects. >> president barak obama and republicans used their weekly addresses to celebrate the resolve americans demonstrated after the attack on the boston marathon. in the address obama emphsized that "the world witnessed one sure and steadfast truth: americans refuse to be terrorized." >> ultimately, that's what we'll remember from this week. that's what will remain. stories of heroism and kindness; resolve and resilience; generosity and love. in the days to come, we will remain vigilant as a nation. and i have no doubt the city of boston and its surrounding communities will continue to respond in the same proud and heroic way that they have thus far - and their fellow americans will be right there with them every step of the wa
a justice department official says tsarnaev will not be read his miranda rights because the government is invoking a public safety exception. that exception is triggered when police have an objectively reasonable need to protect the police or the public from immediate danger. tsarnaev will be questioned by a special federal interrogation team for high-value suspects. >> president barak obama and republicans used their weekly addresses to celebrate the resolve americans demonstrated after...
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>> the -- the decision not to read miranda rights was made by the federal officials. this is a unique clause to the terrorism law that we've not dealt with at the local level before. so, we are standing by and watching that at this point in time to see how that develops. but, the lawyers are involved in the decision, and certainly we're very anxious to talk to him, and the investigators will be doing that as soon as possible. >> commissioner over the weekend i heard you say you believe you found evidence your offices did you believe that these brothers were planning some kind of another attack, or at least prepared for it. tell us about that. >> the two suspects were armed with handguns at the scene of the shoot-out. and there were multiple explosive devices, including a large one that was similar to the pressure cooker device that was found on boylston street. i saw that with my own eyes. i believe that the only reason that someone would have those in their possession was to further attack people and cause more -- more death and destruction. >> it was an arsenal that
>> the -- the decision not to read miranda rights was made by the federal officials. this is a unique clause to the terrorism law that we've not dealt with at the local level before. so, we are standing by and watching that at this point in time to see how that develops. but, the lawyers are involved in the decision, and certainly we're very anxious to talk to him, and the investigators will be doing that as soon as possible. >> commissioner over the weekend i heard you say you...
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invoked a public safety exception that will allow officials to interrogate him without reading his miranda rights. the suspect's brother was killed by police earlier on friday. >>> china was hit by an earthquake this morning killing at least 124 people. it struck around 8:00 this morning. the death toll is expected to rise higher. the quake was a magnitude 7 and hit the hills of leshan county forcing people to run into the streets. medical teams are responding to the thousands injured. >>> a man convicted of setting a fire at a school in 2010 has been sentenced. kliefert guiang was sened to 10 years in prison yesterday. lazarus reville police was given an 8-year sentence. both punishments include a 4 year enhancement. a new two-story classroom facility was opened at the start of this school year. >>> it is just about a quarter after 7:00. the beginning of a beautiful day. just the beginning of it. >> yeah, pretty lousy week last week. you know, this weekend we've got some nice weather to get out and enjoy things a bit out here in california. we have temperatures that are going to top 80s i
invoked a public safety exception that will allow officials to interrogate him without reading his miranda rights. the suspect's brother was killed by police earlier on friday. >>> china was hit by an earthquake this morning killing at least 124 people. it struck around 8:00 this morning. the death toll is expected to rise higher. the quake was a magnitude 7 and hit the hills of leshan county forcing people to run into the streets. medical teams are responding to the thousands injured....
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investigators did not read him his miranda rights when he was captured. they invoked what they call the public safety exception. it permits law enforcement officials to interrogate a suspect and use that information as direct evident in court, and that is causing some controversy out there. let's talk about that. we'll talk about that in a few moments. also want to talk about other issues. joining us, former u.s. attorney doug jones who led the prosecutor against eric ruduffel, the 1996 atlanta olympic bomber. thank you for joining us. first of all, let's talk about this video. this video that has now surfaced that cnn has confirmed, a well known jihadist in dagestan who himself was killed in december, the video was posted on tamerlan tsarnaev's youtube channel. since then, it's been deleted. what does that say, if you're a u.s. attorney investigating this case, what does that say to you? >> well, wolf, i think it would be one of two things. there obviously could be some contact since he traveled over that way. there could have been some contact. there co
investigators did not read him his miranda rights when he was captured. they invoked what they call the public safety exception. it permits law enforcement officials to interrogate a suspect and use that information as direct evident in court, and that is causing some controversy out there. let's talk about that. we'll talk about that in a few moments. also want to talk about other issues. joining us, former u.s. attorney doug jones who led the prosecutor against eric ruduffel, the 1996 atlanta...
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Apr 20, 2013
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they won't give him his miranda warning about his right to remain silent. they will simply use a federal law, a rule, that says when there's an issue of public safety, they can use an exception to the miranda rule that allows them to find out if there's any imminent threats, any additional accomplices, any other plots, any other explosives out there. but that only lasts, say, maybe two days and then they'll have to give him his miranda warning. and the justice department says often even in cases like this people continue to talk anyway. >> even though he wasn't mirandized and that was a question that was asked last night at the briefing -- >> right. >> -- right after he was taken into custody, he doesn't lose his rights, right? >> well, he has -- that's right. i mean, he doesn't have to say -- he can't be compelled to talk. if he refuses -- if he just sits there and doesn't answer any questions, they can't make him answer the questions. but the one right that is sort of suspended is, normally speaking if the police ask -- if you're in custody and the police
they won't give him his miranda warning about his right to remain silent. they will simply use a federal law, a rule, that says when there's an issue of public safety, they can use an exception to the miranda rule that allows them to find out if there's any imminent threats, any additional accomplices, any other plots, any other explosives out there. but that only lasts, say, maybe two days and then they'll have to give him his miranda warning. and the justice department says often even in...
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Apr 20, 2013
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there's a public safety exception outside of miranda. we almost never see it but we saw it with the underwear bomber from detroit and we see it in this case. >> obviously they want todzhokhar alive, that was a priority. but what kind of condition had he been in? >> he had been shot in the neck and the leg. most likely with the amount of blood the homeowner saw, most likely from the night before. so 20 hours earlier after a fierce battle with the carjacking and the car chase, but throwing homemade grenades and one lard satchel bombs at police officers. so he had been bleeding for a long time. there is a picture we've shown earlier where you see him down on the ground being treated and there's an atf s.w.a.t. member who's a medic who was using an ambu bag to actually assist him in his breathing. you can see from the photo we looked at a moment ago where he's climbing out of the boat under his own power following the command of the hrt team that he was very weak. probably had he not been discovered might not have lived. he's an intelligence
there's a public safety exception outside of miranda. we almost never see it but we saw it with the underwear bomber from detroit and we see it in this case. >> obviously they want todzhokhar alive, that was a priority. but what kind of condition had he been in? >> he had been shot in the neck and the leg. most likely with the amount of blood the homeowner saw, most likely from the night before. so 20 hours earlier after a fierce battle with the carjacking and the car chase, but...
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Apr 21, 2013
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is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will have to be mirandized, doesn't mean the end of cooperation, but no basis yet to conclude they should be treated at enemy combatants. we're talking about an american citizen on american soil. there's no evidence that i've seen yet that they were a part of an al qaeda cell or directed by a foreign government. we're very far afield from a situation which is sort of the paradigm for enemy combatant status. that is, someone captured on the balg battlefield in a theater of war. resist these charges as an enemy combatant. the court has proven capable
is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will...